Cotton v. State
2014 Miss. LEXIS 305
| Miss. | 2014Background
- Victim Fannie Lee Burks was found shot to death in her Tunica, Mississippi apartment on April 9, 1995; wounds were close-contact and lethal; no weapon recovered and no forced entry.
- Right- and left-hand fingernail scrapings were taken at autopsy; right-hand scrapings later (2008) yielded a mixed DNA profile that could not exclude both Burks and Joe Cotton.
- Cotton was placed as a potential match via a national DNA database; an oral swab from Cotton produced a profile consistent with the DNA in the fingernail mixture.
- Cotton admitted he had been served by Burks at the café the day before and had prior, limited contacts with her; he denied being scratched by her when questioned.
- The jury convicted Cotton of murder and sentenced him to life; the Court of Appeals affirmed and the Mississippi Supreme Court granted certiorari and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Cotton) | Held |
|---|---|---|---|
| Sufficiency of the evidence (circumstantial case based on DNA) | DNA under victim’s fingernails linking Cotton to victim supports guilt beyond a reasonable doubt; location is inconsistent with casual contact | Small, unknown quantity of Cotton’s DNA could have been transferred innocently (service at café, handling money/utensils); DNA alone insufficient | Affirmed: DNA under fingernails, inconsistent with casual contact and unsupported by any reasonable hypothesis of innocence, was sufficient to sustain conviction (circumstantial-evidence standard applied) |
| Weight of the evidence / new trial | Evidence does not preponderate against verdict; expert testimony and circumstantial facts support conviction | Conviction is against overwhelming weight; reasonable hypotheses (innocent transfer) exist that the State did not exclude | Affirmed: Not an "exceptional case" warranting new trial; verdict not contrary to overwhelming weight of evidence |
Key Cases Cited
- Montgomery v. State, 515 So.2d 845 (Miss. 1987) (circumstantial evidence standard articulated)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (review standard: evidence viewed in light most favorable to prosecution; Jackson v. Virginia standard applied)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency review: whether any rational trier of fact could find guilt beyond reasonable doubt)
- Deloach v. State, 658 So.2d 875 (Miss. 1995) (reversing conviction where circumstantial evidence permitted reasonable innocent hypothesis)